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HomeMy WebLinkAbout77-14 . ~. 4fII!"'! ~ . . -~ ~, ".. .' .~ . ,I t. , "t ;r/,. " t THE CORPORATION OF THE TOWN OF NEWCASTLE . " BY-LAW # '77.14- Being a By-law to adopt an agreement with Ontario Hydro in respect of the impact of the proposed Darlington Nuclear Generating Station A. WHEREAS Ontario Hydro (hereinafter referred to as "the Corporation") plans to construct and operate a 3400 megawatt nuclear generating station, to be known as Darlington Generating Station A, (hereinafter referred to as the Station), in the Town of N~wcastle, in the former Township of Darlington, west of th& former Town of Bovrnanville, on Lake Ontario; .. AND WHEREAS the construction of the Station is planned to take place over a period of approximately 8 years, and is forecast to require, at its peak, a construction work force of approximately 3,300 people, and a permanent work force of approximately 500 people; AND WHEREAS it is anticipated that the engagement of this construction and permanent work force will cause signi- ficant pressures for population growth in the Town of Newcastle; AND WHEREAS it is recognized that rapid population growth will have social, economic and financial impacts on the Town of Newcastle and'its inhabitants; AND WHEREAS the Corporation plans to construct a 2,150 megawatt oil-fired generation station, to be known as Wesleyville Generating Station, in the Township of Hope, approximately two miles east of the east boundary of the Town of Newcastle, on Lake Ontario; AND WHEREAS the pressures for population growth due to the work force engaged in connection with the construction and operation of the Wesleyville Generating Station will com- pound the social, economic and financial impacts on the Town of Newcastle and its inhabitants noted above; AND WHEREAS the Corporation has publicly stated that it does not intend that the Town of Newcastle shall suffer as a result of the construction and operation of the Station; ~ AND WHEREAS the Corporation has prepared an environ- mental analysis of the Station and its construction, and is committed to ~itigating the effects of the construction and operation of its facilities on the physical and natural environment; AND WHEREAS, prior to the construction and operation of the Station, the Council of the Town of Newcastle must ensure that such construction and operation will be carried out in the public interest and in the interest of the general health, ~afety and welfare of the inhabitants of the Town of Newcastle; l _' AND WHEREAS the Town of Newcastle has indicated its concern about the impact of the construction and operation of the Station in previous actions and resolutions adopted by the Council of the Town of Newcastle; . ,~ ate " ., v \ t-t, .. t, ~, ~.., - 2 - AND WHEREAS the corporation and the Town of Newcastle have entered into discussions with a view to mitigating the impacts; AND WHEREAS as a result of these discussions the Corporation has proposed an agreement (a copy of which is annexed as Schedule "A" hereto) to the Town of Newcastle wherein it agrees to compensate the Town of Newcastle for all those financial impacts undergone by the Town of Newcastle as a result of the construction and operation of the Station; NOW THEREFORE the Council of The Corporation of the Town of Newcastle enacts as follows: 1. The Corporation of the Town of Newcastle hereby adopts and enters into an agreement with Ontario Hydro, a copy of which is annexed as Schedule "A" hereto. 2. The Mayor and the Clerk of the Corporation of the Town of Newcastle are hereby authorized and directed to sign the agreement and to place thereon the seal of the Corporation. READ a first and second time this /7.r----' day of 11 J4 fA { /+ , 1977. ~e~~ Mayor -- / READ a third and final time this ttl/-lACJI , 1977. / 7 t- day of ~y~;~----/ , -1 f-r~=-:: \. '~ , .-,11 , y..... . ' . .v j~ THIS AGREEMENT made in duplicate this day of March A.D. 1977. BET WEE N: ONTARIO HYDRO herein referred to as the Corporation OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE herein referred to as the Town OF THE SECOND PART WHEREAS the Corporation plans to construct and operate ----. a 3400 megawatt nuclear generating station, to be known as Darlington Generating Station A, (hereinafter referred to as the Station), in the Town of Newcastle, in the former Township of Darlington, west of the former Town of Bowmanville, on Lake Ontario; AND WHEREAS the construction of the Station is planned to take place over a period of approx~tely 8 years, and is forecast to require, at its peak, a construction work force of approximately 3,300 people, and a permanent work force of approx~tely 500 people; . rt .' e e . , ' - 2 - AND WHEREAS it is anticipated that the engagement of this construction and permanent work force will cause signi- ficant pressures for population growth in the Town of Newcastle; AND WHEREAS it is recognized that rapid population growth will have social, economic and financial ~pacts on the Town and its inhabitants; AND WHEREAS the Corporation plans to construct a 2,150 megawatt oil-fired generating station, to be known as Wesleyville Generating Station, in the Township of Hope, approximately two miles east of the east boundary of the Town of Newcastle, on Lake Ontario; AND WHEREAS the pressures for population growth due to the work force engaged in connection with the construction and operation of the Wesleyville Generating Station will com- pound the social, economic and financial ~pacts on the Town and its inhabitants noted above; AND WHEREAS the Corporation does not intend that the Town shall suffer as a result of the construction and operation of the Station; AND WHEREAS the Corporation has prepared an environmental analysis of the Station and its construction, and is committed to mitigating the effects of the construction and operation of ~, I . e . , ' - 3 - its facilities on the physical and natural environment; AND WHEREAS, prior to the construction and operation of the Station, the Council of the Town must ensure that such construction and operation will be carried out in the public interest and in the interest of the general health, safety and welfare of the inhabitants of the Town of Newcastle. THEREFORE the Corporation and the Town hereby agree, in consideration of the covenants hereinafter contained, and other good and valuable consideration, as follows: The Town agrees to provide the Corporation with all approvals within its jurisdiction to grant to permit the construction of the Station, provided that the plans and specifications therefor comply with all applicable legislation, regulations and by-laws including the Atomic Energy Control Act and regula- tions passed thereunder. 2. The Town agrees to pass any resolution, by-laws or amendments to by-laws as may be necessary to permit and expedite the construction and operation of the Station. 1. 3. The Town agrees to request the Council of the Regional Municipality of Durham to apply to the Minister of \. . . . . ' ~1 - 4 - '... Housing for modification to the Regional Official Plan to redesignate the Station site from "Special Study Area" to a classification that will permit the construction and operation of the Station. The Town agrees to support the Corporation in any application brought by the Corporation to obtain the necessary redesignation. 4. The Corporation agrees to involve the Town on a con- tinuing basls in the discussions with government ministries, in the research and design programs and in the approval process under the Environmental Protection Act leading to the establishment of an approved design for the cooling water system for the Station. 5. The Town agrees not to oppose any application or sub- missions made by the Corporation to the Minister of the Environment or the Lieutenant Governor in Council to exempt, under Section 30 of The Environmental Assessment Act, the undertaking of constructing, operating and maintaining the Station from the application of The Environmental Assessment Act. , " ~ 'II' .. , t t . .' , - 5 - . .... 6. The Town agrees to pass the necessary by-laws to close such road allowances existing within the site of the Station as may be requested by the Corporation and to convey those road allowances to the Corporation <at a price of $8,000 per acre) with a closing date of September 1, 1977. The Corporation agree. to pay all costs involved, including those for the preparation of surveys, legal descriptions and deeds, drafting the necessary by-laws and advertising by publication. 7. The Corporation agrees to compensate the Town for those financial impacts undergone by the Town as a result of the construction and operation of the Station including financial impacts resulting from any reduction in popu- lation in the Town of Newcastle due to the completion of construction of the Station and emigration of workers from the Town of Newcastle. It is understood that the timing of such financial impacts may be advanced by the construction of other facilities of the Corporation. It is agreed that a preliminary but not exclusive list of such financial impacts is as follows: (a) the cost of advancing community facilities and providing community services required to success- fully integrate temporary workers into communities - 6 - . within the Town of Newcastle; (b) the costs associated with advancing the construc- tion of facilities necessary to accommodate the increase in population due to the construction and operation of the Station and of carrying the incremental changes in cost due to a population decline associated with the emigration of con- struction workers from the Town of Newcastle; (c) subject to the provisions of paragraph 12, the cost of preparation and management of a development strategy and growth management program to enable the Town to adopt policies and ~lement plans to accom- modate population growth associated with the Station; (d) such other items which may be identified during the preparation of the development strategy and growth management program referred to in paragraph (c) above, and during the monitoring process referred to in paragraph 11. 8. The Corporation agrees to fund additional reasonable studies by outside consultants, where more information than has been provided by the Corporation is agreed to be required in assessing the Lmpacts referred to in . . - 1 - . paragraph 1 and the compensation for those impacts. The Town agrees to establish, by January 1, 1918, a list of specific items of financial ~pact for which supplementary agreements are required. The Town and the Corporation agree to enter into such supplementary agreements within which measures of compensation are determined. Any failure to identify an item of impact shall not relieve the Corporation of its obligation assumed under paragraph 1 to compensate the Town for such impact and the provisions of paragraph 20 are applicable to any claLm. The Town and the Corporation agree that the failure to identify any item of impact by January 1, 1918, shall not preclude the negotiation and settlement of further supplementary agreements. 11. The Corporati~n agrees to propose methods, review proposals and to participate with the Town in a process of monitoring the ongoing social, economic and finan- cial impact of the construction of the Station in the Town of Newcastle and to fund expenses incurred by the Town for such monitoring program to a max~ of $300,000 eoomeneing August 1, 1911, and concluding as provided in 9. ". 10. . . e . , ' :,' - 8 - paragraph 22. The Town agrees that the maximum expenditure in anyone twelve month period shall not exceed $50,000. (These maximums are within the overall liability of the Corporation and are set in 1977 dollars. They will be adjusted upwards to reflect increased costs as a result of inflation.) 12. The Corporation agrees to fund to a maxLmum cost of $80,000 the cost of the preparation and management of the development strategy and growth management program referred to in paragraph 7 (c). 13. The Town agrees that it will enact in accordance with established procedures, and at no expense to the Corporation, the necessary zoning by-laws and,in co- operation with the Regional MUnicipality of Durham,draft the necessary official plan amendments to implement the development strategy referred to in paragraph 12. 14. The Corporation agrees to pay the increase in costs for improving and maintaining those roads and bridges, except the South Service Road between the Courtice and Waverly interchanges, reasonably required for the increase in traffic resulting from the travel of con- struction workers and transportation of materials " ' - 9 - 15. in connection with the construction of the Station and to enter into supplementary agreements dealing with the specific roads and bridges involved and the details of improvements and maintenance to be done. The Corporation agrees to fund an engineering study of traffic access to and from Highway 401 and the site of the Station. The study is to determine the feasibility of constructing a Holt Road - Highway 401 interchange, to assess the adequacy of the Courtice and Waverly Road interchange improvements as proposed by the Ministry of Transportation and Communications (MTC) and to determine the upgrading required for the South Service Road. In the event that a Holt Road interchange is found to be feasible, and acceptable to the MTC, the Region of Durham and the Town, the Corporation agrees to finance the construction and maintenance of this interchange whether it be of a temporary or permanent nature. The Corporation also agrees to fund required improvements and increased maintenance costs for the South Service Road. It is the intent to have the construction of a Holt Road interchange and/or alternate Highway 401 access improvements completed prior to commencement of the construction referred to in para- graph 16. . . . , ,~ 'I . - 10 - e The Corporation agrees that until the supplementary agreements referred to in paragraphs 9 and 14 have been entered into it will not commence construction of, or apply for a building permit for,any building, struc- ture or other engineering work in connection with the Station. The provisions of this paragraph do not apply to temporary construction buildings, temporary construction structures, road building, extension on site of public utilities, site grading, shore line reclamation work and other steps necessary for the preparation of the site for construction of the permanent buildings and structures to be constructed on the Station site. 17. The Town and the Corporation agree that, if the sup- plementary agreements referred to in paragraphs 9 and 14 are not entered into 300 days prior to the date the Corporation schedules the start of construction of the foundations of the permanent facilities, or by January 1, 1979, whichever is the later date, all outstanding issues shall be submitted for resolution to binding arbitra- tion as provided for below. In the event that any out- standing issues are submitted to arbitration, the Town 16. . . . . . - ;, '. - 11 - may permit the Corporation to apply for building permits and commence construction of the Station. 18. The Town and the Corporation agree that any differ- ences arising in connection with the interpretation or application of this agreement, or with the achieve- ment of supplementary agreements as referred to in paragraphs 9, 10 and 14, such issues shall be submitted to a board of arbitration, and the award of such board of arbitration shall be final and binding on the Town and the Corporation, and not subject to any appeal. 19. The Town and the Corporation (for the purposes of this paragraph, referred to a8 the parties) agree that any arbitration as provided for in paragraph 18 shall be constituted and established as follows: (a) Either party may at any time serve on the other party a notice requiring an arbitration and specifying the relief cla~ed and the grounds for cla~ing such relief; (b) Within seven clear days of the service of such notice, both parties shall appoint a member to 8. board to be constituted in respect of such arbi- tration; 20. - 12 - (c) The members shall, within seven clear days from the aforementioned seven day period, appoint a chairman of the board of arbitration; (d) The provisions of the Arbitrations Act, R.S.O. 1970, chapter 25, and schedules A and B thereto shall, mutatis mutandis, be part of this procedure; (e) The board of arbitration shall hear the matters in dispute, and make their award in writing, within three months after the appointment of the chairman, and may not enlarge this time period without the consent in writing of both parties. The Corporation agrees that the Town may, at any time, submit a claim to the Corporation for any item of compensation arising from the construction and operation of the Station, and that the Corporation will fairly and reasonably consider such claim for compensation. Should the Corporation deny, in whole or in part, any such claim, or fail to respond to such claim within a period of 90 days, the Town may submit the claim to a board of arbitration as provided in paragraphs 18 and 19. . . 21. The Corporation agrees to pay, to a maximum amount of $50,000, the costs incurred by the Town for legal and . - 13 - . consulting fees incurred from November 1, 1976 onward, in reviewing and assessing the Darlington Generating Station Conmunity Impact Study and Environmental Assessment, preparing a work program for the preparation of the development strategy and growth management program referred to in paragraph 7 (c) and settling this agreement. The Corporation agrees to pay costs associated with the negotiating and settling of supplementary agreements to a maximum of $50,000. 22. Except as otherwise provided herein, this agreement shall remain in force until the later of December 31, 1988 or the first anniversary of the acceptance date for cOUlDercial service of the fourth generating unit at the Station. The monitoring program shall continue in force for an additional period of one year from the effective date of termination in order that compensation due to the Town to the date of termination can be determined. Nothing contained in this agreement shall be construed to relieve the Corporation of its liability to pay grants in lieu of taxes pursuant to Section 47 of The Power e 23. . '.'?, I' - 14 - e Corporation Act or any similar taxes, grants or other payments as may at any time be established in any future amendments to The Power Corporation Act or Assessment Act or in any other legislation. 24. If any amendments to legislation, or new legislation, as referred to in paragraph 23, establish payments to compensate the Town for the ~cts of construction of the Station, the amounts of money not yet paid out here- under shall be renegotiated forthwith. The sum of such altered payments and the renegotiated amounts shall not be reduced below the amounts which would otherwise have been paid under paragraphs 26 and 27. The Corporation and the Town agree that the Corporation shall pay building pe~it fees at the rate of $5.00 per $1,000 of building value. 25. . 26. The Corporation agrees to pay a special grant of $1,000,000 in respect of its financial obligations arising out of paragraph 14 and those financial obligations arising out of paragraph 7 (b) which relate to the advancement of the construction of water mains, sanitary sewers and sto~ sewers. This special grant will be payable as follows : . . I " - 15 - ,# ' (a) The Corporation shall establish an account in . its financial accounts to be known as Station Account A. The Corporation shall from time to time, within 60 days of the receipt of written requisition therefor by the Town, pay from Station Account A all costs and compensation arising out of the provisions of this paragraph. (b) On August 1st of each year during the duration of this agreement, excluding the monitoring period following the agreement,commencing August 1, 1978, the Corporation shall pay one yearts interest on the residual amount in Station Account A and credit e the account accordingly. The interest rate shall be the weighted average of the interest rates on the public Canadian bonds issued by the Corporation in the preceding fiscal year of the Corporation. (c) Any residual amount in Station Account A at the termination of this agreement shall not be paid to the Town. (d) If on termination of this agreement a review of financial ~cts specified in this paragraph indicates that the amounts in Station Account A were insufficient to compensate the Town for those . - 16 - 27. ~pacts, the Corporation shall pay the defi- ciency, including any interest paid by the Town as a result of the deficiency. The Corporation agrees to pay a special grant of $1,400,000 in respect of its financial obligations under this agreement, with the exception of those financial obligations under paragraphs 15, 23, 25 and 26. This special grant shall be payable as follows: (a) The Corporation shall establish an account in its financial accounts to be known as Station Account B. The Corporation shall from time to time, within 60 days of the receipt of written requisition therefor by the Town, pay from Station Account B all costs and compensation arising out of the provisions of this paragraph. (b) On August 1st of each year during the duration of this agreement, commencing August 1, 1978, the Corporation shall pay one year's interest on the residual amount in Station Account B and credit the account accordingly. The interest rate shall be the weighted average of the interest rates on the public Canadian bonds issued by the . . . ,,' . " - 17 - . Corporation in the preceding fiscal year of the Corporation. (c) Any residual amount in Station Account B at the termination of this agreement shall be paid to the Town. (d) If on termination of this agreement a review of financial tmpacts specified in this paragraph indicates that the 8IIlOunts in Station Account B were insufficient to compensate the Town for those impacts, the Corporation shall pay the . deficiency. (e) The Town agrees that, if it has not implemented a plan to house employees related to the con- struction of the Station, and if such employees have not been resident in the Town of Newcastle, the Corporation may apply to a board of arbi- tration for a reassessment of the residual 8IIlOunt payable from Station Account B at ter- mination of this agreement. Should it be deemed . .. - . '. ' - 18 - by such a Board that the Town has not made an adequate effort to accommodate a reasonable proportion of the demands for housing for the Darlington construction workers, the Board may reduce the amount payable. The board of arbitration shall be constituted within 30 days of the date of termination of this agreement by written notice given by the Corporation to the Town. The procedures of paragraph 19 shall apply to the board of arbitration. 28. This agreement is made subject to the condition that the Corporation is legally entitled to award and has awarded the major contracts for site preparation or has undertaken the site preparation itself before September 1, 1977. If this condition is not satis- fied the Corporation shall be bound to pay any costs incurred by the Town under paragraph 12 up to September 1, 1977, and the costs under paragraph 21. , ' ~ . r ;.' . . l " . . . - 19 - 29. 'Ibis agreement .hall extend to, be binding upon and enure to the benefit of the succe.sors and assigns of the parties hereto. IN WITNESS WHEREOF the Corporation and the Town have cau.ed this agreement to be executed by the affixing of their corporate seals attested by the signature. of their proper officers duly authorized in that behalf. ONTARIO HYDRO .....M~r..~,..t7..,,,,,,197l ..~..~, ,- L"--. ~~&I~.Pr;..--;............. L?f~ I) 1977 ,....~.,... .................... ,.,.,. .. ...... '..........h,~..,...... ENG. .,1fJ.~,..!l....,.19]7 ../1......:,..~ ..___ ......... l. ....::.~~ THE CORPORATION OF THE TOWN OF NEWCASTLE ~~~ Mayor ~~ / -' ,.:;' J -, ,- f; :.", ~.~ ' . . DATED 1977 ... ONTARIO HYDRO - and - THE CORPORATION OF THE TOWN OF NEWCASTLE AGREEMENT .. . . . " , . SCHEDULE "A" tlarch 3, 1977 TIIIS AGREEr--lENT made in duplicate this day of A.D. 1977. BETl-"1EEN: ONTARIO HYDRO herein referred to as the Corporation OF rfIfE FIRST PART - and - THE CORPORATION OF THE TOvlli OF NE~-vCASTLE herein referred to as the Town OF THE SECOND PART WHEREAS the Corporation plans to construct and operate a 3400 megawatt nuclear generating station, to be known as Darlington Generating Station A, (hereinafter referred to as the Station), in the Town of Newcastle, in the former Township of Darlington, west of the former Town of Bo'~anville, on Lake Ontario; AND WHEREAS the construction of the Station is planned to take place over a period of approximately 8 years, and is forecast to require, at its peak, a construction work force of approximately 3,300 people, and a permanent work force of approximately 500 people; "-r " . . ; "!"" .,.." " . " . -- . - 2 - 1\ND l'lIlERE1\S it is anticipated that the engagement of. tllis construction and permanent work force will cause signi-, ficant pressures for population growth in the Town of l~cwcastle ; AND WHEREAS it is recognized that rapid population growth will have social, economic and financial impacts on the Town and its inhabitants; AND ~~EREAS the Corporation plans to construct a 2,150 megawatt oil-fired generation station, to be known as l^7esleyvilleGenerating Station, in the Township of Hope, approximately two miles east of the east boundary of the . Town of Newcastle, on Lake Ontario; .z..ND WHEREAS the pressures for population growth due to the work force engaged in connection with the construction and operation of the Nesleyville Generating Station will com- pound the social, economic and financial impacts on the Town and its inhabitants noted above; AND WHEREAS the Corporation does not intend that the Town shall suffer as a result of the construction and operation of the Station; AND WHEREAS the Corporation has prepared an environ- mental analysis of the Station and its construction, and is committed to mitigating the effects of the construction and operation of its facilities on the physical and natural environment; , ,/, . ' . . . , ~ i " .. - 3 - AND WHEREAS, prior to the construction and oper<1t.lon of the Station, the Council of the Town Must ensure that such construction and operation will be carried out in the public interest arid in the interest of the general health, safety and welfare of the inhabitants of the Town of Newcastle. THEREFORE the Corporation and the Town hereby agree, in consideration of the covenants hereinafter contained, and other good and valuable consideration, as follows: 1. The Town agrees to provide the Corporation with all approvals within its' jurisdiction to grant to permit the construction of the Station, provided that the plans and specifications therefor comply with all applicable legislation, regulations and by-laws including the Atomic Energy Control Act and regulations passed thereunder. 2. The Town agrees to pass any resolution, by-laws or amendments to by-laws as may be necessary to permit and expedite the construction and operation of the Station. 3. The Town agrees to request the Council of the Regional Municipality of Durham to apply to the Minister of Housing for modification to the Regional Official Plan to redesignate the Station site from "Special - 4 - , . .:/. '" Study Area" to a classification that will permit .'\r the construction and operation of the Station. . The Town agrees to support the Corporation in any application brought by the Corporation to obtain the necessary redesignation. 4. The Corporation agrees to involve the Town on a continuing basis in the discussions with government ministries, in the research and design programs and in the approval proc~ss under the Environmental Protection Act leading to the establishment of an approved design for the cooling water system for the Station. 5. The'Town agrees not to oppose any application or - submissions made by the Corporation to the Minister of the Environment or the Lieutenant Governor in Council to exempt, under Section 30 of The Environmental Assessment Act, the undertaking of constructing, operating and maintaining the Station from the application of The Environmental Assessment Act, 6. The Town agrees to pass the necessary by-laws to close-such road allowanbes existing within . " " ...' .. , '.. J .,./." . - 5 - " -4 the site of the Station as may be requested by the . Corporation and to convey those road allowances to the Corporation (at a price of $8,000 per acre) with a closing date of September 1, 1977. The Corporation agrees to pay all costs involved, including those for the preparation of surveys, legal descriptions and deeds, drafting the necessary by-laws and advertisip.g by publication. 7. The Corporation agrees to compensate the Town for those financial impacts undergone by the Town as a . result of the construction and operation of the Station including financial impacts resulting from any reduction in population in the Town of Newcastle . due to the completion of construction of the Station and emigration of workers from the Town of Newcastle. It is understood that the timing of such financial impacts may be advanced by the 'construction of other facilities of the Corporation. It is agreed that a preliminary but not exclusive list of such financial impacts is as follows: (a) the cost of advancing community facilities and providing community services required to successfully integrate temporary workers into communities within the Town of Newcastle, (b) the costs associated with advancing the con- .' struction of facili;ties necessary to accommodate ....', ,\ . . : .. e . 8. - 6 - the increase in population due to the constJ~uclion and operation of the Station. and of carrying t~e incremental changes in cost' due to a population decllne as?ociated with the emigration of constru~tion workers from the Town of Newcastle. (c) Subject to the provisions of paragraph 12 the cost of preparation and management of a development strategy and growth management program to enable the Town to adopt policies and implement plans to accommodate population growth associated with the Station. (d) Such other iteinswhich may be identified during the preparation of the development strategy and growth management program referred to in paragraph (c) above, and during the monitoring process referred to in paragraph 11. The Corporation agrees to fund additional reasonable studies by outside consultants, where more information than has been provided by the Corporation is agreed to be required in assessing the impacts referred to in paragraph 7 and the compensation for those impacts. 9. The Town agrees to establishi by January 1, 1978, a . list of specific items of financial impact for which ,supplementary agreements are required. The Town and the Corporation agree to enter into such supplementary ! ./' ~ '-, ' , " . ~ ~ # . . . - 7 - agreements within which measures of compensation are determined. Any failure to id~ntify an item of impact shall not relieve the Corporation of its obligation assumed under paragraph 7 to compensate ~]le Town for such impact and the provisions of paragraph 20 are applicable to any claim. 10; The Town and the Corporation agree that the failure to identify any item of impact by January 1, 1978., shall not preclude the negotiation and settlement of further supplementary agreements. , 11. The Corporation agrees to propose methods, review proposals and to partici~atewith the Town in a process of monitoring the ongoing social, economic and financial impact of the construction of the Station in the Town of Newcastle and to fund expenses incurred by the Town for such monitoring program to a maximum of $300,000 commencing August 1, 1977, and concluding as provided in p~ragraph 22. The Town agrees that the maximum expenditure in anyone twelve month period shall not exceed $50,000. (These maximums are ~ithin the overall liability of the Corporation and are set in 1977 dollars. They will be adjusted upwards to reflect increased costs as a result of inflation.) 12. The Corporation agrees to fund to a maximum cost of $80,000 the cost of the preparation and management ~ . , .. ~ - - . .. ..,'" - 8 - of the development strategy and growth management program referred to in paragraph 7 (c). 13. The Town agrees that it will enact in accordance with established procedures, and at nO'expense to the Corporation, the necessary ~oning by-laws and in co-operation with the Regional Municipality of Durham draft the necessary official plan amendments to implement the development strategy referred to in paragraph 12. 14. The Corporation agrees to pay the increase in costs for improving and maintaining those roads and bridges, except the South Service Road between the Court ice and Waverly interchanges, reasona~ly required for the increase in traffic resulting from the travel of construction workers and transportation of materials in connection with the construction of the Station and to enter into supplementary agreements dealing with the specific roads and bridges involved and the details of improvements and maintenance to be done. 15. The Corporation agrees to fund an engineering study of traffic access to and from Highway 401 and the site of the Station. The study is to determine the feasibility of constructing a Holt Road - Highway 401 interchange, to assess the adequacy of the Court ice and Waverly Road interchange improvements as proposed by the Ministry of Transporation and Communic~tions (MTC) and to determine the upgrading required for the South . ., (' -' ... . . . ," . ' - 9 - Service Road. In the event that a Holt Road inter- >- , change is found to be feasible, and acceptable to the MTC, the Region of Durham and the Town, the Corporation agrees to finance the construction and maintenance of this interchange whethe~ it be of a temporary or permanent nature. The Corporation also agrees to fund required improvements and increased maintenance costs for the South Service Road. It is the intent to have the construction of a Holt Road interchange and/or alternate Highway 401 access improvements completed prior to commencement of the construction referred to in paragraph 16. 16. The Corporation agrees that until the supplementary agreements referred to in paragraphs 9 and 14 have been entered. into it will not commence construction of, or apply for a building permit for any building, structures or other engineering vlorks in connection ".,i th the Station. The provisions of this paragraph do not apply to temporary construction buildings, temporary construction structures, road building, extension on site bf public utilities, site grading, shore line reclamation work and other steps necessary for the preparation of the site for construction of the permanent buildings and structures to be constructed on the station site. - 10 - ..,1.... !I>. .' ,. 17. The Town and the Corporation agree that, if the . supplementary agreements referred to in paragraphs 9 and 14 are not entered into 300 days prior to the date the Corporation schedules the start of construction of the foundations of the permanent facilities, or by January 1, 1979, whichever is the later date, all outstanding issues shall be submitted for resolution to binding arbitration as provided for below. In the event that any'out- standing issues are submitted to arbitration, the Town may permit the Corporation to apply for building permits and commence 'construction of the Station. 18. The Town and the Corporation agree that any differences . arising in connection with the interpretation or application of this agreement, or with the achievement of supplementary agreements as referred to in paragraphs 9, 10 and 14, such issues shall be submitted to a board of arbitration, and the award of such board of arbitration shall be final and binding on the Town and the Corporation, and not subject to any appeal. 19. The Town and the Corporation (for the purposes of this paragraph, referred to as the parties) agree that any arbitration as provided for in paragraph 18 shall be constituted and established as follows: . :..~,." , .. . . . - 11 - , . . (a) Either party may at any time serve on the other party a notice requiring an arbitration and specifying the relief claimed and the grounds for claiming such relief; (b) Within seven clear days of the service of such notice, both parties shall appoint a member to a board to be constituted in respect of such arbitration; (c) The members shall, within seven clear days from the aforementioned seven day period, appoint a chairman of the board of arbitration; (d) The provisions of the Arbitrations Act, R.S.O. 1970, chapter 25, and schedules A and B thereto shall, mutatis mutandis, be part of this pro- cedure; (e) The board of arbitration shall hear the matters in dispute, and make their award in v!ri ting, within three months after the appointment of the chairman, and may not enlarge this time period without the consent in writing of both parties. 20. The Corporation agrees that the Town may, at any time, submit a claim to the Corporation for any item of compensation arising from the construction and operation of the Station, and that the Corporation.will fairly and reasonably consider such claim for compensation. .:.......;.--. , . \ ..' . - . - 12 - '. ' . Should the Corporation deny, in whole or in part, any such claim, or fail to respond to such claim within a period of 90 days, the Town may submit the claim to a board of arbitration, constituted as provided in paragraph '19. 21. The Corporation agrees to pay, to a maximum amount of $50,000, the costs incurred by the Town for legal and consulting fees incurred from November I, 1976 onward, in reviewing and as~~~g_th~ Dqr~~ngton /,r) ~_enerating~tation-~::.n~~ity Impact. St.u.<!y ."nd I ~ . Environmental }\I::Lses.sm8nt, ~aring a work program V- for the preparation of the development strategy and growth management program referred to in paragraph 7 (c) and settling this agreement. VThe Corporation agrees to pay costs associated with the negotiating and settling of s:Qpplementarya~reements to a maximum of $50,000. 22. Except as otherwise provided herein, this agreement shall remain in force until the later of December 31, 19BB or the first anniversary of the acceptance date for commercial service of the fourth generating unit at the Station. The monitoring program shall continue in force for an additional period,of one year from the effective date of termination in order that compensation . ..,.,. ,. '''' . , , , . - . ., . . . ", - 13 due to the Town to the date of termination can be determined. 23. Nothing contained in this agreement shall be construed to relieve the Corporation of its liability to pay grants in lieu of taxes pursuant to Section 47 of The Power Corporation Act or any similar taxes, grants or other payments as may at any time be established in any future amendments to The Power Corporation Act or Assessment Act or in any other legislation. 24. If any amendments to legislation, Dr new legislation, as referred to in paragraph 23 establish payments to compensate the Town for the impacts of cons'truction of the Station, the amounts of money not yet paid out here- under shall be renogotiated forthwith. The sum of such altered payments and the renegotiated amounts shall not be reduced below the amounts which would otherwise have been paid under paragraphs 26 and 27. 25. The Corporation and the Town agree that the Corporation shall pay building permit fees at the rate of $5.00 per $1,000 of building value. 26. The Corporation agrees to pay a special grant of $1,000,000 in respect of its financial obligations arising out of paragraph 14 and those financial obligations arising out of paragraph 7(b) which relate to the advancement of the construction of .- ~ . . l/-^ .' :).,. '.. e . . - 14 - ... water mains, sanitary sC\vers and ::itorm S8vlcrs. 'l'ld s special grant will be payable as follows: ' (a) The Corporation shall establish an account in its financial accounts to be known as Station Account A. The Corporation shall from time to time, within 60 days of the receipt of written requisition therefor by the Town, pay from Station Account A all costs and compensation arising out of the provisions of this paragraph. (b) On August 1st of each year during the duration of this agreement, excluding the monitoring period following the agreement commencing August 1, 1978, the Corporation shall pay one year's interest on the residual amount in Station Account A and credit the account accordingly. The interest rate shall be the weighted average of the interest rates on the public Canadian ponds issued by the t/ .("ca..l r J L . V Corporation in the preceding~earor~GOr~. CFW (c) Any residual amount in Station Account A at the termination of this agreement shall not be paid to the Town. (d) If on termination of this agreement a review of financial impacts specified in this paragraph indicates that the amounts in Station Account A were insufficient to compensate the Town for those impacts, the Corporation shall pay the deficiency, including any interest paid by the Town. as a result of the deficiency. .; . . .. 4Il:.'l'" , . . I, '.'" : J , > ., . - . 27. - 15 - The Corporation agrees to pay a special grant of $1,400,000 in respect of its financial obligations under this agreement, with the exception of those fjnancial obligations under paragraphs 15 and 26. This special graht shall be payable as follows: (a) The Corporation shall establish an account in its financial accounts to be known as station Account B. The Corporation shall from time to time, within 60 days of the receipt of written requisition therefor by the Town, pay from Station Account Ball , costs and compensation arising out of the provisions of this paragraph. (b). On August 1st of each year during the duration of this agreement, commencing August I, 1978, the Corporation shall pay one year's interest on the residual amount in Station Account B and credit the account accordingly. The interest rate shall be the weighted average of the interest rates on the public Canadian bonds issued by the Corporation in the preceding fiscal year of the Corporation. (c) Any residual amount in Station Account B at the termination of this agreement shall be paid to the Town. (d) If on termination of this agreement a review of financial impacts specified in this paragraph indicates that the amounts in Station Account B were insufficient to compensate the Town for , ~,.' . ... ... ," ' .. .,4 ,'.. . ~ ,.' . .' . 16 those impacts, the Corporation shall pay the (e) deficiency. The Town agrees that, if it has not implemented a plan to house employees related to the construction of the Station, and if such employees have not been resident in the Town of Newcastle, the Corporation may apply to a Board of Arbitration for a re- assessment of the residual amount payable from Station Account "B" at termination of this Agreement. Should it be deemed by such a Board that the Town has not made an adequate effort to accommodate a reasonable proportion of the demands for housing for the Darlington construction workers, the Board may reduce the amount payable. The Board of Arbitration shall be constituted within 30 days of the date of termination of this Agreement by written notice given by the Corporation to the Town. The procedures of paragraph 19 shall apply to the Board of Arbitration. 28. This Agreement is made subject to the condition that the Corporation is legally entitled to award and has awarded the major contracts for site preparation or has undertaken the site preparation itself before September 1, 1977. If this condition is not satisfied the Corporation shall be obligated to pay any costs incurred by the Town under Paragraph 12 up to September 1, 1977, and the costs under Paragraph 21. .' . Form R-6 . Ontario Municipal Board 416/965-1908 . 180 Dundas St. w. Toronto Ontario M5G 1 E5 r The Clerk, Town of Newcastle, 40 Temperance Street, BOWMANVILLE, Ontario. LIC 3A6 L Quote File Number ,It 77127J_ R 771274 R 771832 R 771833 " June 12, 1978. Dear Sir: Enclosed is documentation as follows: ~ 0 . 0 0 0 Copy of Decision Dated June 12, 1975. Copy of Decision dated (Signed Duplicate Original to fOllow) Duplicate Original of Decision dated Board's Order made Appointment for Hearing Yours truly, : S1,"v Enclosure ~-,/1"c.. C. Saruyama Supervisor Planning Administration ~ECE1VED JUN 13 1978 . q~ ':b ;l.& ~ tj1 b> Qtll TOWN OF NEWCASTLE -